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Anonymous

Posted 3 weeks ago

I had a land of acre 2.56 out of which 5 decimal land was being possessed by a person for around 13 years now when I had doubt I went for demarcation through Tahsil RI and came to know about it. And at that time the person claimed he is in adverse possession and will not leave the plot. Though he is having other plots in that village but he is staying here to claim it in adverse possession .Is there any remedies through HIGH COURT OF ODISHA that I can get relief and evict that person from that land.

A. Dear Sir,
You have start your litigation in Civil Court only File suit for recovery of possession as per the encroachment report and also claim compensation. You should not admit that he is in possession for more than 12 years. You must say that he is in illegal possession from last 2-3 years only. You will succeed.
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MD Jipson

Posted 1 month ago

I rented a house in Mumbai. The period of Rent start by 1st of April (As in agreement). Because of the lock-down i cant even move to the rented apartment. Now he is forcing me to pay the rent of the month, there i'm not even started using. If i not pay the rent amount he will cancel the agreement and my deposit money will loose. Help me with an advice.

A. Dear Sir,
If you have not occupied then you need not pay the rent and he cannot deduct. No use...no pay broad formula...and also read....the following. Please give me Rank 5 if you feel my answer helped you
====================================================
Force Majeure Clauses In Contracts
The advent of civilization in human life gave birth to various forms of interactions amongst the individuals. Numerous aspirations have led to passion for monetary superiority and the art of profit making ...ReadMore
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Devesh  Tripathi
Devesh Tripathi Experience: 10 Year(s) Jaipur
Naveen  Sharma
Naveen Sharma Experience: 25 Year(s) Delhi
Chitra  Sundar
Chitra Sundar Experience: 8 Year(s) Thane
I am the owner of a premises. A big company representative had inspected our premises and confirmed to take our premises on Rent for office. After telephonic negotiatiton by a senior officer the Rent, Security advance, Lockin period of 12 months, yearly increment was finalised. Duly signed ( by me) stamp paper Agreement ( two identical sets, one for owner & one for company) was couriered to company address with name and designation of the person representing company mentioned as the Lessee ( as instructed by email to me by the company). After one month of waiting after confirmation, the company representative who has officially negotiated and confirmed has emailed that their Management has taken decision to close their Bangalore branch and not to interested to take premises for Rent. I DO NOT HAVE AGREEMENT SIGNED BY COMPANY REP. ( lessee) I had deactivated my paid advertisement in Magic bricks , Removed TO-LET banner and sent back a few prospective tenants since the deal was over pending formalities of signing of Agreement by Lessee just before COVID commencement. I have several email correspondences as follow up to them to close the pending issue of Agreement signature. Now COVID issues is still on. The chances of getting a Tenant now in the near future is bleak. Am I entitled for compensation since lock in period of 12 months was accepted? Signed agreement copy was courired to them as per their instructions? What is the extent of compensation I can claim? Is it only paid advertisement cost of Magic Bricks, Lease Agreement drafting charges and some compensation for not honouring their commitment. Please guide me..

A. Have they agreed to the lock in period, increment of rent after maturity period etc, either through mail or through messages/chats then you can definitely claim compensation and loss of profit, otherwise it is become a matter of he said-she said.
Your advertisement post the deferment would help you in claim but only if there is a written acknowledgment from there end.
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Hello. I live in NCR and was supposed to relocate to Mumbai from April 1st, 2020. Therefore, I finalized a residential property and got into an agreement at the end of February with the landlord. I paid the entire security deposit upfront before registration. The agreement was supposed to be effective from April 1st and stated that there would be a 6-month lock-in period. Because of the country-wide lockdown imposed by central and state governments on March 25, I could not travel to Mumbai at the end of the month as planned. Therefore, I never had the possession of the flat and no keys were handed over to me. Moving into the Mumbai apartment also required a meeting with the Housing Society Secretary as a pre-requisite and this too never happened. With the Coronavirus cases continuing to rise in Mumbai, it has now become impossible for me to relocate to Mumbai. Therefore, I requested my landlord for a refund of the deposit for which I am seeking certain clarifications as below: (1) As an act of God (Coronavirus) prevented the commencement of the agreement on April 1st (as I didn't receive the keys and didn't take possession), does the agreement automatically become null and void? (2) Am I entitled to a full refund of the security deposit I had paid to the landlord? (3) Does the landlord have any legal grounds for not refunding the security deposit, e.g. the six-month lock-in clause? There is no force majeure clause in the agreement and the agreement states that it is subject to the Maharashtra Rent Act 1999. Please guide. Thanks!

A. Hi You can claim return of security deposit given the fact that
1) You have not taken possession of the property as the lease was to commence from April1, 2020.
2) The security deposit is refundable as you have entered possession of the building and
3) The six month lock in period will not be applicable in your case.

You may contact us through this portal in case you have any additional queries on the subject.
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I am living in a rented house in Raipur Chhattisgarh. I was to vacate the house by the end of last month march. Regarding this I had informed to the land lord and I had paid the rent upto the month of March. But due to the covid 19 Lock down I could not vacate the house and neither can shift till 3rd May. I requested the Land lord to give me some concession for the current month as I could not move due to the lock down only. Is my request genuine or I will have to pay the full rent till the lock down is over.

A. 1. your request is genuine but depends upon the mercy of the landlord,
2. you are bound to pay the full rent, however, you can contest the payment
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I have two tenants in my self owned commercial building in Indore (M.P.). I am seeking a legal opinion on whether my tenants are obliged to pay the property monthly rentals during the covid19 lockdown period while their businesses are shut.

A. the tenants are legally bound to pay the rent, however, you can provide them some time and/or discount for making the outstanding payments
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Sourav Dey

Posted 1 month ago

I have a new tenant.I don't want my tenant to use my electric meter,rather i will give consent to install electric meter.My question whether my tenant will apply for a new meter or a sub meter?Which is beneficial in general?

A. Dear sir /madam
Installing a new electric meter is better .
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I'm a tenant and I have paid Rs. 1 lakh as security deposit to the shop owner via payment mode of cheque through bank for 11 month rental agreement which he is not given back and he made a Rs.200 bond as rental agreement which I have not signed as I find it unfavorable towards me as a tenant it stats that if in case of early eviction from tenant,s side before agreement period of 11 months end if I decide to leave/evict shop then he would cut whole 11 months rent and refund the remaining whereas my monthly rent is Rs. Eleven thousand so i wont be getting anything back so I argued saying this is not a proper agreement as I have not seen anything like these I have three to four recent agreement copy of other business which my relatives own and which are notarized in court and signed by both parties but in my case he seems like a fraud and I don't wish to continue renting his premises as its only been a month so how can I get my money back as to I don't have a rental agreement as I'm afraid even for proofs purpose if I make a new notarized agreement from my side , he may not sigh it , so my only proof is money given by bank cheque , can i file a 420 police case against him or what do I do next ?

A. Dear Sir,
Rental advance recovery comes within the ambit of civil nature so you cannot effectively file complaint under the provisions of IPC, however you can maintain a civil suit for recovery with interest and damages etc.
===============================================
Please give me Rank 5 and Review my Resume and Follow Me.
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Anshu Kumar

Posted 1 month ago

We gave a month notice in March since we were moving to the UK. But due to the covid Pandemic our plan got cancelled & we told the broker on 25th of March, that we won't move out anymore. He asked is it permanent. we said yes. He understood & said alright. On 7th of April when we called up the landlord to kindly collect the rent from us, he said we are supposed to move out the day the lockdown is over. This is not fair. Even the agreement is valid till August 2020. Kindly help.

A. Hi Anshu,

Hope you are doing good.

We understand the situation is different than the normal, as you know he might have committed to someone as you supposed to go UK, I guess you should talk to him, make him understand the difficulties and reason behind for changing the plan and come to a settlement wherein you may stay or get enough time for finding a new place. In the same time the subsequent tenant also should benefit from the discussion if any.

Legally speaking, after serving the notice, ...ReadMore
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I had to vacate my house on 3rd April but could not do so due to the lockdown. I told my landlord that i will do so post the lockdown is lifted and i will pay him rent for 15 days. My landlord however insists that he needs full month rent as it is a rule/law, no such thing is mentioned in my rent agreement also. What should i do?

A. Owing to the present scenario you may have to stay there for the time the lockdown is on unless you have some other accommodation in the town. Thus talk to your landlord and try to settle the issue and i n case of forced eviction or him demanding rent, approach the local police.
Thank You.
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